Court Delays Thailand’s Flood Control Projects

BANGKOK – A Thai court on Thursday delayed the government’s planned massive flood control projects, ordering it to conduct public hearings to look at the potential environmental and health impact of going ahead.

The projects, which are estimated to cost $11 billion and would build reservoirs, detention basins and other infrastructure to control water, aim to avoid a repeat of 2011’s massive flooding. That incident impacted numerous provinces and some parts of Bangkok, disrupted businesses and factories and knocked down the country’s annual GDP in 2011 to 0.1%.
The flood prevention projects have been under criticism from the opposition party, academic and environmentalists who charge it costs too much, was pushed through without public consent and could significantly change livelihood and landscapes in vast areas. The government says the projects will boost the country’s growth and regain private-sector confidence.
Thailand’s Central Administrative Court said the government neglected its duty when it approved the plan last year without adequate public input or environmental assessment from the communities most affected, mostly in northern and central plains, as well as along the Chao Phraya River basin.

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“The court’s ruling today is a victory for Thai people’s rights to participate in government’s project,” said Srisuwan Janya, head of Stop Global Warming Association Thailand, who filed the complaint with 45 other plaintiffs in May. “It should serve as a reminder that the government must follow due process.”

He said the public hearings could take as much as two years.

The government has a window of 30 days to appeal to the decision. The government’s spokesman, Teerat Ratanasevi, said the government would review the court’s ruling and decide on Friday whether to appeal.
Mr. Srisuwan, an environmentalist with a track record of challenging state and private projects, sought the court’s approval to block the government’s water management proposal. His group said the nine projects making up the overall water-control plan would displace many people displaced and be “harmful” to the environment.
On June 18, Prime Minister Yingluck Shinawatra’s Cabinet named four winners who bid for the construction of the flood prevention projects and expected to sign the contracts in August or September. The court’s ruling wouldn’t affect the bidding price, but the spokesman said Thailand’s Water and Flood Management Committee would review which companies’ projects are subject to the court’s ruling.

Earlier this week, the Thai media raised questions about the experience and the ability of Korea Water Resources Corp., or K-Water, a bidder who won the lion’s share of about 50% of the total project, and the company’s financial ability to fund the project. Ms. Yingluck’s office defended the company and K-Water (Thailand) rejected the accusation, telling Thai reporters that the firm was able to build its portions of the projects.

This is not the first time in Thailand that mega projects faced legal delays. In 2009, Thailand’s Supreme Administrative Court put on hold the development of a number of projects in Map Ta Phut, the largest industrial estate located 120 miles east of Bangkok, after environmental groups and local people filed a lawsuit complaining about pollution in the area. Then Prime Minister Abhisit Vejjajiva’s administration appealed and some projects were allowed to restart.

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